Facts

In June 2002, plaintiff Joyce Rosales, 44, underwent gastric bypass surgery. Marshall Orloff, M.D., performed the surgery at the University of California San Diego Medical Center. In January 2003, the plaintiff noticed a bulge at the incision point from her gastric bypass. She was referred to defendant John Buxton, M.D., a surgeon at defendant Bakersfield Memorial Hospital for repair work. Dr. Buxton performed surgery on the plaintiff on March 3, 2003. In April 2003, the plaintiff returned to see Dr. Buxton, claiming that she noticed another mass bulging out from the same area. Buxton scheduled a surgery for April, but Rosales canceled it. Rosales went to see Dr. Orloff, who performed surgery in June. He found a Raytec sponge in her body and opined that it had been left during the surgery performed by Dr. Buxton. Dr. Orloff claimed he does not use Raytec sponges. The plaintiff sued Dr. Buxton and Bakersfield Memorial.

PLAINTIFF CONTENTIONS:
The plaintiff alleged that Dr. Buxton committed medical malpractice by negligently allowing the sponge to remain inside her body for over two months.

DEFENDANT CONTENTIONS:
Dr. Buxton claimed that he did not use any Raytec sponges during his surgery. The defendant contended that the sponge was either left in her during the gastric bypass procedure or during a prior surgery in 1995.

Settlement Discussions

The plaintiff demanded $29,999, with an indication she may settle for $15,000, from Dr. Buxton.

Injuries

The plaintiff claimed the sponge caused her discomfort, which required surgery to remove it.

Result

The jury returned a defense verdict for Dr. Buxton. The plaintiff and the hospital settled for $15,000.

Deliberation

1.5 hours

Poll

12-0

Length

seven days